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MPT South Western
Agenda item no
WARD 59: APPLICATION FOR AN ADMINISTRATIVE PENALTY IN TERMS OF THE CITY
OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015 (MPBL): REMAINDER ERF
68005 CAPE TOWN AT KENILWORTH, 353 MAIN ROAD
Y JAFTA / P HOFFA
Tuesday, June 23, 2020
Monday, June 29, 2020
RESOLVED UNANIMOUSLY that:
An administrative penalty in the amount of R50 000.00 BE DETERMINED in terms of Section 129 of the City of Cape Town Municipal Planning By-Law, 2015 in respect of Remainder Erf 68005 Cape Town at Kenilworth with regard to the unauthorised rooftop base telecommunication station as per the plans drawn by WPP Town and Regional Planning Consultants, with drawing number HIGHBURY1 (sheets 2, 3 & 4), all Revision 1, all dated 12 December 2019.
REASONS FOR DECISION:
The MPT APPROVED the application for the reasons set out below
1. The rooftop base telecommunication station is in contravention of Items 40 and 109(b) of the Development Management Scheme.
2. The extent of the contravention is small.
3. The duration of the contravention is long.
4. The gravity of the unlawful erection of the mask is regarded as extremely serious.
5. The operator (Telkom), is well aware of the land use processes that are required. although The state, including Telkom, is bound to comply with planning laws, including the Land Use Planning Ordinance, 1985 (that was in force when the base station was erected) and the Municipal Planning By-Law, 2015. The repeated misconduct of the operator cannot be condoned.
6. The service provider (Telkom) has previously contravened planning law. They have erected other base stations in the City without approval (eg. Erf 19886 Parow, Erf 20596 Goodwood and Erf 80708 Cape Town at Heathfield).
ACTION: Y JAFTA / P HOFFA